One parent

# language: en
Feature: One parent
  Determining authority over a minor with one legal parent.
  
  For minors with one parent there may be joint authority. Joint authority is authority held by a parent and a non-parent together. They can obtain this authority in two ways: automatically or through the court.

  There is automatically joint authority where:
  - The child was born during the marriage or registered partnership of the parent.
  - One of the two female partners did not become a parent because an unknown donor was used and the child was born before 1 April 2014. If the child was born on or after 1 April 2014, the "meemoeder" would have become the legal parent.

  In all other cases joint authority has been applied for through the court. Where the court has granted it, there is joint authority by judicial ruling. See
  [feature gerechtelijke uitspraak](gerechtelijke-uitspraak.feature)

  Background:
    Given the person 'Gerda' with citizen service number '000000012'
    * is of full age
    And the person 'Aart' with citizen service number '000000024'
    * is of full age
    And the person 'Ariana' with citizen service number '000000036'
    * is of full age
    And the person 'Bert' with citizen service number '000000048'
    * is a minor
    * is registered in the BRP
    * has 'Gerda' as parent

  Rule: Where the minor was not born during a marriage or partnership of the legal parent, the parent holds sole parental authority

    Scenario: The parent has never been married and never had a registered partnership at the time of birth
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is sole parental authority with parent 'Gerda'

    Scenario: The parent was married and divorced before the birth of the minor
      Given 'Gerda' and 'Aart' married 7 years ago
      And 'Gerda' and 'Aart' divorced 5 years ago
      And 'Bert' was born 2 years ago
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is sole parental authority with parent 'Gerda'

    Scenario: The parent married after the birth of the minor
      Given 'Bert' was born 7 years ago
      And 'Gerda' and 'Aart' married 6 years ago
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is sole parental authority with parent 'Gerda'

  Rule: Where the minor was born during the marriage or partnership of the legal parent, the parent and the (then) partner of that parent hold joint authority

    Scenario: The minor has a parent who is married to a co-mother
      Given 'Gerda' and 'Ariana' married 7 years ago
      And 'Bert' was born 6 years ago
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is joint authority with parent 'Gerda' and third party 'Ariana'

    Scenario: The minor has a parent who has a partnership with a co-mother
      Given 'Gerda' and 'Ariana' entered into a registered partnership 7 years ago
      And 'Bert' was born 6 years ago
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is joint authority with parent 'Gerda' and third party 'Ariana'

    Scenario: The minor was born before 1 April 2014 and the mother has a registered partnership
      Given 'Gerda' and 'Aart' entered into a registered partnership on 1-3-2010
      And 'Bert' was born on 1-1-2012
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is joint authority with parent 'Gerda' and third party 'Aart'

    Scenario: The minor was born before 1 April 2014 and at the time of birth the mother had a registered partnership that was subsequently dissolved
      Given 'Gerda' and 'Ariana' entered into a registered partnership 7 years ago
      And 'Bert' was born 6 years ago
      And the registered partnership of 'Gerda' and 'Ariana' was dissolved 3 years ago
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is joint authority with parent 'Gerda' and third party 'Ariana'

  Rule: Where the minor was adopted during the marriage or partnership of the legal parent, the parent and the (then) partner of that parent hold joint authority
    After all, the parent was not yet a parent at birth. So we have to look at the start of the family-law relationship and not at the date of birth

    @to-do @skip-verify
    Scenario: the adoptive parent was not married on the date of birth of the minor but was married at the time of the adoption date
      Given 'Gerda' and 'Aart' married 6 years ago and divorced 2 years ago
      And person 'Bert'
      * was born as a foundling 7 years ago
      And 'Bert' was adopted by 'Gerda' 5 years ago
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is joint authority with parent 'Gerda' and third party 'Aart'

    @to-do @skip-verify
    Scenario: the adoptive parent was married on the date of birth of the minor but not married at the time of the adoption date
      Given 'Gerda' and 'Aart' married 6 years ago and divorced 2 years ago
      And person 'Bert'
      * was born as a foundling 3 years ago
      And 'Bert' was adopted by 'Gerda' 1 years ago
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is sole parental authority with parent 'Gerda'

  Rule: Where the minor was born during the marriage or partnership of the legal parent and there has been a denial of paternity, the parent holds sole parental authority

    @to-do @skip-verify
    Scenario: The minor has a parent who is married and the partner has denied paternity
      Given 'Gerda' and 'Aart' married 7 years ago
      And 'Bert' was born 1 years ago
      And 'Aart' has denied being the father of 'Bert'
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is sole parental authority with parent 'Gerda'

  Rule: The partner retains authority even after annulment of the marriage
    The annulment has retroactive effect to the moment the marriage was solemnized or the registered partnership was entered into.
    The marriage or registered partnership is deemed never to have existed.
    A legal fact that occurred before the annulment retains its legal effect.

    An annulment of a marriage is not the same as a void marriage.
    A void marriage or registered partnership has no legal effect whatsoever.

    Scenario: The marriage was annulled after the birth of the minor
      Given 'Gerda' and 'Ariana' married 7 years ago
      And 'Bert' was born 6 years ago
      And the marriage of 'Gerda' and 'Ariana' was annulled 5 years ago
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is sole parental authority with parent 'Gerda'